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in the twelfth Degree, and the difpute was, who was next of Kin, it Souls College. might be fixed to the eleventh, because it would not be universal;

whereas, if the difpute was about Propinquity, that is, who were of Kin, it must take in all to the one thoufandth Degree, unless it was bounded.

THAT it appeared unintelligible how the eleventh Degree is in any Cafe whatever to be confidered as the next of Kin, when contrafted with a more remote Degree, and at the fame time, when uncontrafted with a remoter Degree, to be confidered as no Kin at all.

THAT it had been faid, that there is an abfolute neceffity of bounding Confanguinity, because it would lead to an entire Universality: That it must multiply into millions, and would monopolize the whole Bounty of the Founder, and also other additional Bounties given by fubfequent Benefactors, without any preference to the Kinsmen of the Founder: That all Benefactions of this kind are given for the advancement of Learning, and as prizes for eminent and superior abilities: That Founder's Kinfinen may be as eminent as mere ftrangers, but that it had been held that it was not neceffary they should be equal in abilities to strangers; that a Founder's Kinsman had upon an Appeal been determined to be qualified, if he could conftrue a Latin Verb out of the Accidence; and that the general intention of the Founder was encountered by tying up the College to poftpone great merit and abilities in their Elections.

THAT the College has no reafon to object to the extenfion of the Confanguinity "ad infinitum," as leading to a Univerfality; becaufe, when that is the cafe, the College may prefer any of the Candidates they pleafe, and which feems to be the object of their wifhes; and, in its progrefs towards Univerfality, the circle of Confanguinity will widen

against All

very faft, and confequently the more extenfive their choice must be; Spencer for not being bound down to take the nearest relations, they might Souls College. always elect the worthieft; and when the Blood was oppofed by ftrangers, the Preference ought not to be given unless there was fuch a degree of Learning and Merit as deferved encouragement in "Arbitrio boni viri." An exact parity of Learning or natural parts, would be too ftrict a measure; but there certainly ought not to be a great difproportion; and if the whole bounty was monopolized by persons fo qualified, it would be most agreeable to the Founder's intention ; for he meant the advancement of Learning through the medium of his own Family in the first place, and thereby united two very laudable purposes, the good of his own Family, if they deserved it, and the good of the Public: and if subsequent Benefactors ingraft upon the original Foundation, it is an evidence they intended their benefactions should follow the plan of the original Foundation; and if they did not intend it, they should have provided against it in their Establishments; and if the College accepts the Bounty upon different terms, they must comply with them.

THAT there was no danger of monopoly to the Founder's Family, from the great difficulties of proving Pedigrees and the many Qualifications required in the Candidates; and as to limiting any particular number of Fellowships to the Founder's Family, that his Grace had no fuch authority: That he was not to controul the Founder's Laws, but to execute them; and if Bifhop Hooper's Decree for limiting the Fellowships in William of Wickham's Foundation was truly stated, he thought it an illegal one.

UPON the whole, Mr. Juftice WILMOT was of opinion, that it was most clearly the Intention of the Founder to give a Preference

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to his Blood," ad infinitum;" and that no boundary line could ever Souls College. be drawn to the Confanguinity, but by the hand of Time, which

fooner or later levels all distinction of Families, and obliterates every other Memorial of Human Greatness.

BUT he fubmitted his Opinion to his Grace's much fuperior Wifdom and Judgment.

His GRACE the ARCHBISHOP Pronounced for the Appeal, and that the pretended Election of WILLIAM VYSE and JAMES POOLE was void; but gave no Cofts: and Decreed the Statutes of the College to be delivered out of Court.

1762.

Earl of Buck

against Drury.

By Indenture Tripartite, dated 5th October 1737, previous to a marriage between the Refpondent, (the Mother of the Appellants, inghamshire the Countess of BUCKINGHAMSHIRE, and JocoSA CATHARINA DRURY,) and Sir THOMAS DRURY, Baronet, deceased, who was the Father of the said Appellants, and made between the faid Sir THOMAS DRURY, of the first part; the Refpondent, then MARTHA TYRRELL, Spinfter, one of the Daughters of Sir JOHN TYRRELL, Baronet, deceased, of the fecond part; and JOSEPH TOWNSEND and THOMAS MATTHEWS, Efquires, of the third part: after reciting the intended marriage, it was declared and agreed, that the faid Sir THOMAS DRURY fhould be entitled to and receive all the perfonal Eftate and Effects, which the Refpondent was poffeffed of or entitled to, for his own use and benefit; and that all the Lands, Tenements, and Hereditaments, then late of the faid Sir JOHN TYRRELL, which should defcend to or devolve upon the Refpondent, during the intended Coverture, fhould be fettled and affured in manner therein after mentioned; and also that the Refpondent, in cafe the fhould furvive the

inghamshire

Earl of Buck- faid Sir THOMAS DRURY, fhould have and enjoy a clear Annuity of against Drury: £.600, during her Life, for her Jointure, and in full fatisfaction and bar of all Dower; and alfo in lieu and full fatisfaction of any share or diftributary part of any Perfonal Estate, which the faid Sir THOMAS DRURY fhould be poffeffed of or entitled to, and which the fhould or might claim or demand, by virtue of the Statute for the Distribution of Inteftates Eftates; or otherwife howfoever. And Sir THOMAS DRURY, in confideration of the said intended marriage, and of the Portion which the Refpondent was poffeffed of or entitled to, and which would accrue to him in cafe the faid Marriage should take effect, did, for himself, his heirs, executors, and adminiftrators, covenant with the faid JOSEPH TOWNSEND and THOMAS MATTHEWS, their executors and administrators, that the heirs, executors, and adminiftrators of him, Sir THOMAS DRURY, in case the Refpondent should furvive him, fhould pay her, during her life, the clear yearly fum of L.600 half-yearly; and also that in cafe any Lands of the said Sir JOHN TYRRELL, deceased, should in anywife defcend or come to the Refpondent, during her faid coverture, then Sir THOMAS DRURY and the Refpondent fhould and would immediately thereupon convey, fettlc, and affure all fuch Lands to the ufe of Sir THOMAS DRURY, during his Life, Remainder to the ufe of the Refpondent and her affigns, during her life; and after her death, to the use of the faid Sir THOMAS DRURY, and his heirs and affigns for ever.

This Deed was executed by Sir THOMAS DRURY and the Respondent, being then an Infant under the age of twenty-one years, in the prefence of ELIZABETH KELLAWAY, the Refpondent's then Guardian, who was a subscribing Witnefs thereto. The Marriage was folemnized foon after, with the privity and approbation of the faid ELIZABETH

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